Jorge Alberto Garivaldi appeals his conviction for burglary of a motor vehicle, arguing that (1) he received constitutionally ineffective assistance of counsel because his appointed trial counsel failed to object when the State questioned appellant about several allegedly inadmissible prior convictions and when his arresting officer testified that appellant confessed to the crime, and (2) the trial court reversibly erred in denying his request on the day of trial for a continuance to hire new counsel. We affirm.
I.FACTUAL AND PROCEDURAL BACKGROUND
Early on the evening of June 14th, 2011, Larry Hall returned to his home at the Willow Brook apartment complex in Houston, Texas. As he parked his car, Hall noticed a man emerging from the nearby bayou. Hall made eye contact with the man and watched as the man got on a bicycle. Hall went inside to get his garbage; when he came back outside, Hall noticed glass on the ground next to a yellow-colored Mitsubishi. The passenger-side window had been broken in, and the man from the bayou was no longer visible. Israel Ruiz, a security officer for the apartment complex, was patrolling the area next to Hall’s apartment at the time Hall noticed the broken glass. Hall flagged down Ruiz and told him the details of the alleged burglary. He described the man he had spotted near the bayou as wearing a square shirt and told Ruiz the general direction in which he had seen the man riding his bicycle. Ruiz spotted appellant wearing a plaid shirt with blue and white squares and walking his bike. He noticed that appellant was bleeding from his elbow. At the sight of Ruiz, appellant took off on his bike. Ruiz chased after appellant, first on his security cart and then on foot, and eventually tackled him to the ground. When appellant continued to resist, Ruiz handcuffed appellant and called the police. Continue reading
Before Justices Rodriguez, Benavides, and PerkesMemorandum Opinion by Justice Perkes
Appellant Kirk D. Beck a/k/a Kirk Darwin Beck appeals his conviction for injury to an elderly individual, a third-degree felony. See TEX. PENAL CODE ANN. § 22.04 (a)(3)(f) (West 2011). By one issue, appellant challenges the sufficiency of the evidence to EX OVT ODE NN support the trial court’s judgment that he pay attorney’s fees despite his indigency. We affirm as modified.
I. BACKGROUNDAppellant was indicted for the felony offense of injury to an elderly individual.
After appellant pleaded guilty, the trial court deferred the adjudication of his guilt and Continue reading